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(영문) 창원지방법원 2018.02.06 2017나56725
기타(금전)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 201, the Plaintiff loaned KRW 70,000,000 to the Defendant and D as interest rate of KRW 2.5% per month and three months after the due date (hereinafter “instant loan 1”).

After that, the Plaintiff filed an application with the Defendant and D for a payment order for the said loan with the Jinwon-gun District Court of Jinwon-gun District Court of 2012 tea256. On November 12, 2012, the said court issued a payment order for KRW 94,50,000 and KRW 70,000 as to KRW 94,50,000 jointly and severally with the Plaintiff and KRW 70,000 per annum from October 11, 2012 to the day of full payment, and the said payment order was finalized around that time.

On March 11, 2011, the Defendant completed the registration of the establishment of a neighboring mortgage on the instant land owned by the Defendant for the purpose of securing the obligation under the first lease of this case, with the maximum debt amount of KRW 100,000,000, and the debtor D.

B. On August 31, 201, the Plaintiff leased KRW 50,000,00 to the Defendant, D, and E with interest rate of KRW 2.5% per month and four months after the due date (hereinafter “instant second lending”).

After that, the Plaintiff filed an application with the Defendant, D, and E for a payment order for the said loan with the same court No. 2013 tea76, and the said court issued the payment order on April 5, 2013, “The Defendant, D, and E jointly and severally paid to the Plaintiff 72,151,445 won and KRW 50,000 per annum for the amount of KRW 30% per annum from March 21, 2013 to the date of full payment,” and the said payment order became final and conclusive around that time.

On September 5, 201, the Defendant completed the registration of the establishment of a mortgage on the instant land with the intent to secure the debt incurred from the second lease of the instant land as the mortgagee, the Plaintiff, the maximum debt amount of KRW 65,000,000, and the debtor D.

C. On December 29, 2010, prior to the creation of each of the above mortgages, the Defendant completed the registration of creation of a neighboring mortgage on the land of this case, which was already conducted by the Hadong-gun Fisheries Cooperatives (hereinafter referred to as the “Water Cooperatives”), the maximum debt amount of 290,000,000 won, and the debtor’s as the defendant.

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